Komnas HAM, Indonesia LOIPR ICCPR
20 years and one of them was 82 years old. The Criminal Code Bill stipulates an article
that needs to be evaluated and assessed to change the sentence for those who have served
10 years of waiting period. Komnas HAM, based on a study of this waiting period, has
obtained expert information and observed the factual situation, assessing that a five-year
period is sufficient for evaluation and assessment, and that a ten-year period is considered
too long.
List of issues:
1) How does Indonesia make an action plan to abolish certain provisions of the law that
stipulate death penalty, including efforts to review the Criminal Code Bill to ensure
the abolition of death penalty?
2) How does Indonesia guarantee the implementation of fair trials in accordance with
the principles of fair trials?
3) How are the supervision and imposition of sanctions for violations by judicial
officials carried out, and to what extent have these sanctions been imposed in recent
years?
4) How can the evaluation and assessment policy for the 10-year waiting period be
changed to 5 years in accordance with the results of the Komnas HAM’s study?
5) Can Indonesia implement a moratorium on the death penalty, while legally
abolishing capital punishment? Explain the plan and procedure for this.
b. Freedom of Religion and Belief
18.
Komnas HAM received 74 public complaints regarding alleged violations of the right to
freedom of religion and belief in 2014, 87 in 2015, 97 in 2016, 21 in 2017, 21 in 2018,
and 23 in 2019. The victims were made up of individuals or groups of various adherents
of religions and beliefs, including Islam, Christianity, Catholicism, Hinduism, Buddhism,
and Kaharingan. Meanwhile, the perpetrators were either individuals, groups, or
government officials. These series of incidents related to freedom of religion can be
divided into three categories: prohibition or destruction of houses of worship resulting
from the Joint Ministerial Decree; enforcement of the blasphemy provision by the state
and the persecution of non-mainstream religious groups as experienced by the
Ahmadiyya, Shia, and Gafatar communities, and; application of the blasphemy provision
with the use of mass mobilization. The third case happened to Basuki Tjahaja Purnama,
who was sentenced to two years in prison by the North Jakarta District Court in 2017 and
Meiliana, who was sentenced to 18 months of imprisonment by the Medan District Court
for complaining about the volume of the Mosque speaker in Tanjung Balai, North
Sumatra, in 2018. The third category also intersects with freedom of opinion and
expression, in which a person would be silenced by the threat of the blasphemy provision.
19.
There are still regulations that contradict the right to freedom of religion and belief, such
as Presidential Decree No. 1 of 1965 concerning Prevention of Religious Abuse and/or
Blasphemy (Law No. 1/PNPS/1965) and Law on Prosecution Service that regulates
BAKORPAKEM (Coordinating Board for the Monitoring of Community Religious
Groups). BAKORPAKEM was formed through the Attorney General's Decree No. KEP108/JA/5/1984 based on Law No. 1/PNPS/1965 and currently also refers to the Law on
Prosecution Service.
20.
In 2018, the High Prosecutor’s Office of Special Capital Region of Jakarta launched the
Smart Pakem application to monitor religious beliefs and groups deemed "deviant". This
4